tag:www.kleinlawcoastalbend.com,2013-03-21:/blog/778872019-01-29T21:10:34ZMovable Type Enterprisetag:www.kleinlawcoastalbend.com,2019:/blog//77887.36026322019-01-29T21:11:34Z2019-01-29T21:10:34Z
Just after midnight, Bexar County Sheriff’s Deputies received a call about a stolen automobile. The officers then spotted the reported vehicle on Interstate 35 South. They tried to pull the driver over, but the driver sped off.]]>
The driver fled on foot

The driver led the deputies on a miles-long chase, until the driver reached an exit and pulled off. The theft suspect abandoned the vehicle and fled on foot.

The deputies used a stun gun

The law enforcement officers used a stun gun on the suspect, and that ended the chase. The suspect was charged with vehicle theft and evading arrest.

Car theft is considered a serious crime in Texas. The value of the vehicle also affects the charges. If you are accused of stealing a luxury automobile, you may face stiffer penalties.

Joyriding is a felony

Someone who takes a car without an owner’s consent can be charged with joyriding. The difference between theft and joyriding is the accused planned to return the vehicle. Despite these plans, joyriding is charged as a felony. You can receive up to two years in prison and be forced to pay $10,000.

Vehicle theft can mean serious jail time

If convicted of motor vehicle theft, you are facing from 180 days to ten years in jail. You may have to pay a $10,000 fine.

A person accused of evading arrest in a vehicle faces stiffer penalties than someone fleeing on foot. It is also charged as a felony. If convicted, you may be sentenced to two years in prison.

If you stand accused of vehicle theft, it is crucial you craft a defense strategy that could prevent jail time and significant fines. Particularly if you face multiple charges, you want a skilled legal defender on your side.

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tag:www.kleinlawcoastalbend.com,2018:/blog//77887.34806212018-10-17T19:41:34Z2018-10-17T19:40:34Z
One of the main punishments that comes with one or multiple DWI offenses is attending a mandatory DWI intervention program. The Texas Department of Licensing and Registration chose to create these classes to encourage repeat offenders to learn more about the negative side effects alcohol can have on motorists and educate them on the state’s traffic laws. The type of class you take and the length of it is dependent on how many offenses you have.

While these classes are out the result of good intentions, they can still serve as an inconvenience for those trying to readjust their lives after a major accident. Those facing potential DWI charges should learn about the court’s regulations on these classes and if it is possible not to include them in the conviction.

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Potential waives

The court is open to hearing any potential conflicts you have with the programs. The judge can consider waiving the program if you demonstrate you have good cause through a written motion. Some of these causes can include:

How the program will impact your school or work schedule.

If your health conditions will allow you to attend the program.

How far you would have to travel to attend the program.

If you are out of state or do not have immediate access to transportation to attend the program.

If you know that any of these factors would impact your ability to make the program, you need to let your attorney know so they can help you prepare your written cause to present to the court.

Equivalent education

The state judge will also waive the educational program requirement as long as you can receive education from a similar program at a residential treatment facility. According to state article 42A.4045, some of these substance abuse treatment facilities include:

One critical aspect that you need to keep in mind is that all of these facilities need to be approved by the government and follow state codes to count as an equivalent educational program. If you are looking for any local locations to make transportation easier for yourself, make sure you ask officials on the site if it follows government regulations.

If you do not find the most convenient option and you do not complete your required education within the judge’s time period, the Department of Public Safety could revoke your license and potentially prohibit you from obtaining a new one. Not all the penalties included in DWI charges can be easily completed by everyone, so it is important to contact a criminal defense attorney that can help you explore your options and help you lessen or erase any potential severe penalties you could receive from a DWI arrest.

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tag:www.kleinlawcoastalbend.com,2018:/blog//77887.33605582018-07-20T16:11:34Z2018-07-20T16:10:34Z
Texas is known for its harsh enforcement against drug violations. While some states have made changes to lessen charges on marijuana and in some cases make it legal for recreational use, Texas has remained adamant on punishing nearly any signs of usage or possession of the drug. Depending on how much you allegedly carried and what the supposed intention was, you could be facing years in prison and owe thousands of dollars.

In recent years, Texas established the Compassionate Use Act to offer some leniency towards people who require marijuana for medical purposes. However, it has heavy limitations over what conditions apply. If you need medical marijuana for certain injuries or diseases, it is crucial to know whether the state allows you to possess it.

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What does the Compassionate Use Act allow?

The Act only grants access to those diagnosed with intractable epilepsy to have medical marijuana prescriptions. In addition, they can only pursue the option after two FDA-approved drugs fail, they receive the prescription from two authorized doctors and are a permanent resident in Texas. There are currently only three organizations that can legally dispense medical marijuana in the state.

Even patients that receive prescriptions are not getting much. The dispensaries must sell it as cannabidiol oil with a 0.5 percentage of tetrahydrocannabinols (THC), which is the main psychoactive ingredient in the substance.

What happens otherwise?

Ever since the Act’s passing in 2015 and the establishment of the dispensaries in 2017, there have been little to no changes to Texas’ stance on marijuana. The only advancement towards marijuana reform was when Dallas recently chose to make citations instead of arrests for those that possess less than 4 ounces of weed. Otherwise, any proposals legislators made to increase the accessibility of medical marijuana to victims of other diseases and disorders have been down.

If you are caught possessing marijuana for medical purposes but in violation of the Compassionate Use Act, then you can be charged for marijuana possession, regardless if its use was medicinal or not. This can be a misdemeanor or felony, depending on the amount you possess and what your intent was with it. This results in charges up to $50,000 and up to 99 years of imprisonment. If you face a potential marijuana conviction, it is important to explore all your legal options to minimize any lasting damages these charges could have on your life.

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tag:www.kleinlawcoastalbend.com,2018:/blog//77887.32372432018-04-19T17:21:35Z2018-04-19T17:20:35Z
Not all men who are told that they are a child’s father agree with the mother. Even if they agree, they will still need to take legal steps to be granted rights. Determining who a child’s father is can be critical for several reasons, aside from obtaining legal rights. For example, a family’s medical history can be critical when it comes to the birth of a child. Genetic diseases can be inherited and affect a child’s health. This is just one of the reasons that establishing paternity can be a necessity.

How is paternity determined? Can someone be forced to submit to a paternity test? After all, just because a father is listed on a birth certificate does not mean that they have legal rights. And until paternity is official, a court may not order a noncustodial parent to pay child support. What options are available to fathers?

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Here are four ways that paternity can be legally established.

Voluntary Paternity Establishment

One way to establish paternity is through voluntary paternity establishment. This occurs when neither parent contests the paternity of a child. The mother and father will execute an Acknowledgement of Paternity (AOP) to give the father legal rights.

Agreed Paternity Order

Paternity can also be established through an Agreed Paternity Order. This can be an option when the parents agree to custody arrangements, visitation, child support and medical support.

Court-Order Paternity Test

In instances when the parents do not agree to the paternity of the child, the court can step in. This occurs through a Court-Order Paternity test where the alleged-father must submit to a DNA test. If the test proves the identity of the father, the legal rights will be established.

It’s important to note that legal action to establish paternity is not required if the parents are married at the time of the birth.

While the birth of a child can be an exciting time, it can also cause the alleged-father distress if they have doubts. If that is the case, it may be a good idea to seek out a genetic test as soon as possible after the birth. The test must be conducted by a lab that has been accredited by the American Association Blood Bank and home paternity tests do not suffice. Being a father is a lifelong commitment and those who question the paternity shouldn’t feel guilty for requesting proper documentation.

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tag:www.kleinlawcoastalbend.com,2017:/blog//77887.30173542017-12-15T15:51:35Z2017-12-15T15:50:35Z
The feds are conducting sweeps to charge individuals with alien smuggling. Thousands of individuals are convicted every year, many because they lacked knowledgeable defense.

If you’ve been charged, there’s a good chance you’ve been caught up in one of these sweeps. When that happens, you need experienced counsel to defend you against the charges.

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Alien smuggling defined

Alien smuggling is an umbrella term used to describe a set of activities:

Smuggling foreign nationals into the U.S.

Bringing them into the U.S. anywhere but at a designated port of entry

Transporting them from place to place within the U.S.

Harboring or sheltering them at any point along the way

Encouraging or inducing people to enter the country illegally

Aiding and abetting those engaged in these activities

Conspiring to do them, even if the illegal act never occurs

Penalties for conviction

These are all serious offenses, and penalties far exceed a slap on the wrist. If you are convicted of transporting or conspiring to transport an alien into this country, you may face 10 years in federal prison – even if no other law has been broken.

If, in the act of transporting or harboring someone, they are injured or die, the law is harsh, resulting in anywhere from 20 years in prison to life.

It is not unusual to face additional charges, including identity theft, contributing to the delinquency of a minor, child endangerment, child abduction, human trafficking and fraud.

The most common defense is to challenge charges on the basis that you had no knowledge that the people in question were illegal. There are other defenses as well. It is critical to work with an attorney who knows the laws and has successfully handled these kinds of cases.

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tag:www.kleinlawcoastalbend.com,2017:/blog//77887.27153762017-08-15T13:21:33Z2018-03-16T03:49:16Z
Non-residents need to have a visa or other documentation to gain legal entry into the United States. It can be a crime to help someone gain entry into the United States if they don't have legal authority to be here. This is true whether the person being assisted is a loved one or a complete stranger.

Alien smuggling entails helping someone enter the United States that isn't legally allowed in the country. Alien smuggling is a federal crime, and it can carry severe penalties if convicted.

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There are a number of actions that may be considered alien smuggling. These actions include but are not limited to:

Knowingly bringing or attempting to bring a noncitizen into the United States, regardless if they have legal authority to be in the country

Attempting to conceal or harbor someone that has entered the United States illegally

Encouraging someone to enter the country illegally

Transporting or offering to transport someone that is not in the United States legally

Defending against an alien smuggling charge

Facing alien smuggling charges can be scary. If convicted, the penalties could include a fine, prison time or both. That's why it's so important to act quickly and have a strong defense plan in place.

Alien smuggling charges stem from someone "knowingly" assisting someone with unlawful entry into the United States. A lack of knowledge is one of the most common methods used to defend against these charges.

Claiming a lack of knowledge could be achieved in a number of ways. A language barrier could have prevented someone from gaining knowledge of the status of the alien. Prior interactions that led you to believe the alien had lawful entry into the United States could also be considered a lack of knowledge.

Alien smuggling is a felony, and the charges should be treated seriously. Taking prompt action when facing alien smuggling charges may help a defendant achieve a more favorable outcome.